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Bombay High CourtCA/21/2022disposed of

Deputy Collector (L.A.) And L.A.O., Panaji And ANR v. Joaquim Francis Fernandes (Dec) Thr. His Lrs.,

2023-03-02Hon'Ble Shri Justice B. P. Colabawalla4 pages

Vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL REVISION APPLICATION NO.4 OF 2022 WITH CIVIL REVISION APPLICATION NO.5 OF 2022, CIVIL APPLICATION NO.22 OF 2022, CIVIL APPLICATION NO.21 OF 2022 CIVIL REVISION APPLICATION NO.4 OF 2022 DEPUTY COLLECTOR (L.A.) AND L.A.O., PANAJI AND ANR., ... APPLICANTS

Versus

JOAQUIM FRANCIS FERNANDES (DEC) THR. HIS LRS., ... RESPONDENTS WITH CIVIL REVISION APPLICATION NO.5 OF 2022 DEPUTY COLLECTOR (L.A.) AND L.A.O., PANAJI AND ANR., ... APPLICANTS

Versus

DOMINGOS JOSE CRIASANTO FERNANDES (DEC) THR. HIS LRS., ... RESPONDENTS WITH CIVIL APPLICATION NO.22 OF 2022 DEPUTY COLLECTOR (L.A.) AND L.A.O., PANAJI AND ANR ... APPLICANTS

Versus

DOMINGOS JOSE CRIASANTO FERNANDES (DEC) THR. HIS LRS., ... RESPONDENTS WITH CIVIL APPLICATION NO.21 OF 2022 DEPUTY COLLECTOR (L.A.) AND L.A.O., PANAJI AND ANR ... APPLICANTS

Versus

JOAQUIM FRANCIS FERNANDES (DEC) THR. HIS LRS., ... RESPONDENTS Mr. A. Talaulikar, Addl. Govt. Advocate for the Applicant in CRA No.4 of 2022.

Ms. S. Poll, Advocate for Respondent Nos.1(a) to (i), 2(a) to (d) and 3, 4 & 5(a) in CRA 4 of 2022.

Ms. S. Llinhares, Addl. Govt. Advocate for the Applicants in CRA No.5 of 2022.

Mr. J. A. Lobo, Advocate for Respondent No.1(a) to 1(l) in CRA 5 of 2022.

CORAM:

B. P. COLABAWALLA, J DATED:

2nd MARCH 2023 P.C.

1.

The Present Revisions, CRA 4/2022 and CRA 5/2022, pending before this Court have been filed challenging the order dated 07/01/2019 passed in Civil Review Application 6/2018 and Civil Review Application 22/2018.

2.

The matter pertains to the land acquisition of the year 1982. The Petitioners/Applicants obtained stay of the proceedings on 27/01/2021 from this Hon'ble Court.

3.

The Petitioners/Applicants, have now made a statement that the Revision be dismissed as withdrawn.

4.

The calculations as shown in the impugned order are therefore final. However, the same is calculated till 31/10/2017.

5.

The Respondents submit that the total amount due and receivable till 13/02/2023 is Rs. 75,40,353.86/-. The Respondent further submit that the compensation for trees forest products and compound wall due and receivable from 31/12/2017 till 13/02/2023 is Rs. 10,01,923.1/-.

6.

The total amount due to the respondents shall be verified and deposited in the Execution Applications 17/2001 and Execution Application 24/2011, within 8 weeks from today. 7.

The District Court to disburse the same in their proportionate shares of the Decree Holders in the Execution Applications 17/2001 and Execution Application 24/2011, within 8 weeks thereafter. 8.

The Petitioners have made a statement that on 28/02/2023, that they have deposited further amount of Rs. 51,22,066/-. The same is duly noted and the above CRAs are disposed of as withdrawn. 9.

In view of the disposal of the above Civil Revision Applications, nothing survives in any pending Civil Applications and the same are accordingly disposed of.

10.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on B. P. COLABAWALLA, J.

Date: 2023.03.03 11:44:08 +05'30'

VINITA VIKAS NAIK